[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Rules and Regulations]
[Pages 53002-53004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19820]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD167-3112a; FRL-7804-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; VOC RACT for Kaydon Ring and Seal, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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[[Page 53003]]

SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). The revisions pertain to a 
Consent Order establishing volatile organic compound (VOC) reasonably 
available control technology (RACT) for Kaydon Ring and Seal, 
Incorporated. EPA is approving these revisions in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on November 1, 2004 without further 
notice, unless EPA receives adverse written comment by September 30, 
2004. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by MD167-3112 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: [email protected].
    C. Mail: Makeba Morris, Chief, Air Quality Planning Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. MD167-3112. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket 
and Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and Maryland 
Department of the Environment (MDE), 1800 Washington Boulevard, Suite 
705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 31, 2004, the State of Maryland submitted a formal 
revision to its State Implementation Plan (SIP). The SIP revision 
consists of a Consent Order establishing VOC RACT for Kaydon Ring and 
Seal, Incorporated (Kaydon) located at 1600 Wicomico Street in 
Baltimore, Maryland.

II. Summary of SIP Revision

    Kaydon operates a piston ring manufacturing facility which includes 
over 300 small machining and fabricating operations, e.g., cutting, 
grinding, milling, polishing and lapping operations. The machining and 
fabricating operations are distributed over 18 manufacturing cells that 
often require several applications of a rust preventive material and 
several applications of naphtha as a cleaning agent. The manufacturing 
processes consist of hundreds of naphtha pans located throughout the 
facility's product manufacturing cells. These pans are the main source 
of VOC emissions at the facility, causing the facility to be a VOC 
major source.
    The facility has identified and implemented the following VOC RACT 
measures in order to reduce naphtha emissions from the facility:
    1. Elimination of all small open top naphtha pans and reduction of 
the number of naphtha pans in use;
    2. Development of standard operating procedures and employee 
training to increase the retention time of parts in the naphtha pans 
allowing all excess naphtha pans to drip back into the pans;
    3. Development and implementation of written good operating 
practices for the handling, transfer, storage and recovery of naphtha;
    4. Incorporation of the good operating practices into the 
facility's procedures manual;
    5. Installation of properly sealed covers on all remaining naphtha 
pans and implementation of procedures to ensure that covers are closed 
on all naphtha pans which are not in use; and
    6. Modification of its operations and relocation of the equipment 
in each product manufacturing cell to minimize the number of naphtha 
pans and the number of cleaning operations.
    These actions have reduced emissions by approximately 20 tons per 
year or less than 100 pounds per 1000 piston rings produced. According 
to the Consent Order, Kaydon shall maintain compliance with the VOC 
RACT measures which have been implemented to date. In addition, Kaydon 
shall reduce the number of naphtha pans in use to not more than 185 by 
no later than July 1, 2003; and limit emissions of naphtha to a monthly 
average of not more than 90 pounds per 1000 piston rings manufactured 
by July 1, 2003. Compliance shall be demonstrated using actual monthly 
production of piston rings and a six-month average naphtha use. Kaydon 
shall maintain, and update as necessary, the good operating practices 
included in the facility's procedures manual and make available to MDE 
for inspection upon request. Kaydon shall also maintain records on 
piston rings manufactured and naphtha use, and calculations showing 
that the emission limit was achieved. The records should be made 
available for review by MDE upon request. Finally, Kaydon shall submit 
to MDE for approval a proposed format for piston ring production and 
naphtha consumption records following the execution of this Consent 
Order and maintain the records on site for at least five years.

III. Final Action

    EPA is approving the Consent Order establishing VOC RACT for Kaydon 
Ring and Seal, Inc. located in Baltimore, Maryland submitted on March 
31, 2004. EPA is approving this SIP submittal because MDE established 
and imposed requirements in accordance with the criteria set forth in 
SIP-approved regulations for imposing RACT. MDE has also imposed 
recordkeeping, monitoring, and testing requirements on this source 
sufficient to determine compliance with these requirements.

[[Page 53004]]

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on November 1, 2004 without further 
notice unless EPA receives adverse comment by September 30, 2004. If 
EPA receives adverse comment, EPA will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability establishing source-
specific requirements for one named source.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 1, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action.
    This action, pertaining to a Consent Order establishing VOC RACT 
for Kaydon Ring and Seal, Incorporated located in Baltimore, Maryland, 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 16, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. Section 52.1070 is amended by adding paragraph (c)(190) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (190) Revisions to the Maryland State Implementation Plan submitted 
on March 31, 2004 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 31, 2004 from the Maryland Department of the 
Environment transmitting a Consent Order establishing VOC RACT for 
Kaydon Ring and Seal, Inc.
    (B) Consent Order establishing VOC RACT for Kaydon Ring and Seal, 
Inc. with an effective date of March 5, 2004.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(190)(i) of this 
section.

[FR Doc. 04-19820 Filed 8-30-04; 8:45 am]
BILLING CODE 6560-50-M